
  Dekart.
  http://www.dekart.com


                    END-USER SOFTWARE LICENSE AGREEMENT


IMPORTANT: THIS END-USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND DEKART. ("DEKART") FOR THE SOFTWARE IDENTIFIED ABOVE. BY INSTALLING, COPYING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT USE THE SOFTWARE; INSTEAD, RETURN THE PACKAGE TO THE COMPANY FROM WHICH YOU RECEIVED IT AND YOU WILL RECEIVE A FULL REFUND IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT WITH PROOF OF PAYMENT WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.


1. DEFINITIONS. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Dekart or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Dekart (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Dekart" means Dekart SRL, having its legal address at Alba Iulia 75, Chisinau, MD 2071, Moldova, and / or its affiliates/branches.

2. GRANT OF LICENSE. As long as you comply with the terms of this Agreement, Dekart grants to You a non-exclusive, non-transferable right for Your internal use to Use the Software in a quantity necessary for its intended purposes described in the Documentation. The Software may include or be bundled with other software programs licenses under different terms and/or licensed by a vendor other than Dekart. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Dekart is not responsible for any third party's software and shall have no liability for Your use of third party software.

2.1. With the STANDARD SINGLE-USER License Dekart grants you with the right to use the accompanying Dekart Software and any of its updates that you may receive on a single terminal connected to a single computer (i.e., with a single CPU). You may, however, install the Software on more than one computer provided you do not operate the Software on more than one computer or computer terminal at a time. In case the user needs to deploy the purchased software on several computers simultaneously another license has to be purchased, namely Multi-User License or the user may alternatively select to have a separate license key per each terminal.

2.2. MULTI-USER, NETWORK LICENSE. You may use the Software on a network only if a separate copy of the Software has been licensed from Dekart for each terminal and/or CPU capable of executing the Software. Otherwise, if you desire to use the Software on a network or multi-user system, or to install the Software on multiple single-user CPUs, you must first obtain written multi-user authorization (a "Multi-user License") from Dekart. Under a Multi-user License, you may install the Software on networks and/or multiple single-user CPUs, provided the total concurrent network usage or total number of network installations (whichever is greater), plus the total number of single-user installations, does not exceed the total number of machines/users authorized by Dekart. The Multi-User License Key consists of a standard combination of 25 symbols plus 5 more symbols which indicate the overall number of users authorized by Dekart with this particular license.

3. EVALUATION. If the Software is an evaluation version or is provided to You for evaluation purposes, then Your license to use the Software is limited solely to internal evaluation purposes in accordance with the terms of the evaluation offering under which You received the Software and expires 30 days from installation (or such other period as indicated by the Software) and the Software may cease to function. Upon expiration of the evaluation period, You must discontinue use of the Software and delete the Software entirely from Your system. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data.

4. REFUNDS. Products that can be downloaded prior to the purchase are NOT refundable. Optionally, our technical support team can decide that an exception to the rule can be made, after an examination of the problem. You have the chance to 'try before you buy'. We would like to emphasize that the evaluation period is an important phase and we encourage you to explore the programs and try all their options before the purchase. If you have not tested the fully-functional, free evaluation versions that can be retrieved from our download site(s), PLEASE do so before you place your order to make sure that the product you are ordering is the product you need.

5. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that You are authorized by Dekart to make are the intellectual property of and are owned by Dekart. No title to or ownership of the Software is transferred to You. Dekart owns and retains all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Dekart. The Software is copyright protected.

6. NON-DEKART PRODUCTS. The Software may include or be bundled with hardware or other software programs licensed or sold by a vendor other then Dekart. Any such products are provided on and "AS IS" basis and are not warranted by Dekart. Any warranty service for non-Dekart products is provided by the product vendor in accordance with the applicable vendor warranty.

7. LIMITED WARRANTY. Dekart warrants to You that for ninety (90) days from date of purchase (the "Warranty Period): (a) the media on which the Software is stored will be free of defects; (b) the Software will substantially conform to the Documentation accompanying the Software. If the defective item(s) are returned to Dekart or if You send an error report(s) to Dekart within the Warranty Period, Dekart will at its sole discretion either resolve the problem(s), or replace the Software, or refund the license fees You paid for the Software. Any misuse or unauthorized modification of the Software voids this warranty. The warranty referenced above is Your sole and exclusive remedy and is in lieu of all other warranties, express or implied. The warranty referenced above does not apply to Software provided free of charge. Such Software is provided "AS IS" without any warranties of any kind. The Software is not designed, manufactured or intended for use of distribution with on-line control equipment in hazardous environments requiring fail-safe performance. Such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, direct life support machines, weapons systems, or other uses in which failure of the software could lead directly to death, personal injury, or serve physical or environment damage.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL DEKART BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DEKART REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE LIMITATIONS AND EXCLUSIONS REFERENCED ABOVE APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DEKART'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitations damages, Dekart's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

9. EXPORT RESTRICTION. You will comply fully with all applicable laws and regulations of United States and other countries ("Export Laws") to assure that Software is not: (a) exported, directly or indirectly, in violation of Export Laws; or (b) used for any purpose prohibited by Export Laws.

10. GOVERNING LAW. Any use of the program which is illegal under international or local law is forbidden by this license. Any such action is the sole responsibility of the person committing the action.

11. TERM. This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms. Upon termination of this Agreement, You must destroy the original and all copies of the Software or return them to Dekart and delete the Software from Your system(s).

12. NO SPYWARE. The Dekart software does not contain spyware of any kind. It does not install any tracking software on your system, or collect personal information about you and your browsing habits. Dekart software does not "spy" on other programs you run or web sites you visit. We also don't serve monitor usage or serve ads from the client software. The Dekart software does not come bundled with any third party software.

13. ROOT CERTIFICATE INSTALLATION. In order to offer our users a secure connection environment a root CA certificate is installed into the Trusted Root Certificate Authorities store. Having this certificate installed the users can safely access our website via SSL/HTTPS connection protocols and send or receive any sensitive information (e.g. names, addresses, etc) without the threat for these data being seen. This allows our users to securely register their license keys at Dekart website, submit their support requests to Dekart and ensure the privacy of the information transmitted over the web. DEKART CERTIFICATE POLICY. We hold ourselves fully liable to our customers for the privacy of their personal information. You may rest assured that we will never, under any circumstances, voluntarily or willingly disclose any information to any third party. That is our guarantee to you.

14. TRADEMARK ATTRIBUTIONS. All registered and unregistered trademarks are the sole property of their respective owners.
